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Kenya Government Spokesman wants Nairobi mayor to resign

OBITUARIES
By | October 28th 2010

By David Odongo

The Government Spokesman, Alfred Mutua has joined the growing group calling for the resignation of Nairobi Mayor over allegations of corruption.

The mayor who was charged with corruption over cemetery land scam has insisted that he will not vacate office.

Dr Mutua said "A public officer elected or appointed cannot continue discharging his official duties after being charged in a court of law. It contravenes the Public Officers Act. The law is very clear, the said officer must step aside so as not to interfere with investigations."

Dr Mutua said if a minister, (Moses Wetangula) could can step aside to give way to investigations, then a junior government official, like the mayor should not cling to office.

If found guilty in connection with the Sh283 million cemetery land scandal, Majiwa could be jailed for ten years, pay a fine of Sh1 million or both.

Referring to the mayor’s defiance, Dr Mutua added, "We are past that era where you could steal and align yourself to a political party or some ethnic affiliations."

Majiwa is currently out on a Sh6m bond.

Circular

Dr Mutua’s remarks contradict the circular issued last month by Local Government PS Karega Mutahi.

The circular stated that mayors are not State officers under the new Constitution.

"Article 260 of the Constitution defines a State officer as a person holding a State office. It includes a member of a county assembly, governor or deputy governor or member of the executive committee of a county government," Prof Mutahi is quoted to have said.

But Dr Mutua was quick to defend his position, saying: "According to the Public Officer Ethics, any public officer charged in a court of law should step aside. Majiwa should step aside as the mayor, but he can continue being a councilor."

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